I hit someone in crosswalk illegally (I had light); they walked in front – car not cited had witnesses – can she sue me?

Get Legal Help Today

 Secured with SHA-256 Encryption

I hit someone in crosswalk illegally (I had light); they walked in front – car not cited had witnesses – can she sue me?

Asked on April 15, 2009 under Personal Injury, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Anybody can sue anybody. The issues are can she win if she sues, and that depends on whether or not you were negligent? If so, was she contributorily negligent? If you both were negligent, whose negligence was greater?

Crossing illegally is usually deemed to involve negligence. But as a driver in most circumstances you should have been driving sufficiently carefully so as to be able to see her and stop in time and you likely had the last clear chance to avoid impact. Of course if she darted out that might be a different story.

It's really a question of all the facts and circumstances and what the folks looking at the facts (such as a jury) might conclude. In fact 95%+ of cases are settled.

I hope you have auto liability insurance. If so your carrier will defend you and pay any judgment up to the amount of your policy limit even if you are found to have been negligent and she is found not at all negligent. In most states, given the facts you stated, her recovery would be reduced due to her negligence even if you were found primarily negligent.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption